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Forum shopping meaning

What does Forum shopping mean?
The deliberate selection or engineering of a court or jurisdiction perceived to offer the most advantageous law, procedure, timetable, costs, or remedies for a dispute, restructuring or insolvency. The term is descriptive (often pejorative) rather than statutory, though it is discussed in case law and practice across litigation and insolvency. Common techniques include invoking jurisdiction or choice‑of‑law clauses, issuing first to “seise” a court, establishing a sufficient connection to use an English scheme of arrangement or restructuring plan, or relocating a company’s centre of main interests (COMI) or registered office to open main insolvency proceedings. Courts in England & Wales, Scotland, Northern Ireland and Ireland scrutinise such steps closely and may restrain abusive tactics through jurisdictional challenges (forum non conveniens/Spiliada principles), anti‑suit relief, or COMI findings. Usage is broadly consistent across the four jurisdictions. However, recognition and allocation rules differ: Ireland applies the EU Insolvency Regulation and Brussels Ia, while the UK relies on common‑law principles and domestic regimes post‑Brexit. Practically, forum shopping can affect jurisdiction, applicable law, recognition and enforcement, and creditor outcomes, and may invite challenge if seen as abusive.
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NEWS
US—Valve sues to halt mass antitrust arbitrations after clause held unenforceable; seeks injunction, alleges forum shopping and claimant misrepresentation; Western District of Washington: Valve Corp v Abbruzzese

According to Steam's owner Valve Valve says that in 2023 Bucher launched a mass‑arbitration drive through his new practice, The Bucher Law Firm. As part of this push, he advised Steam users that pursuing arbitration alleging the platform monopolised the gaming market to keep prices artificially high was a better route than a class action. Valve also contends Bucher embarked on the campaign after being dismissed from Zaiger LLC and accused of taking its client list, again urging users to choose arbitration over a class action. His firm then issued a settlement demand that Valve characterises as extreme and beyond any plausible recovery, and submitted thousands of arbitration filings to the American Arbitration Association. In May, Bucher Law sought rulings in four of its cases to have the arbitration clause in the company’s former subscriber agreement declared unenforceable. Those applications were granted in July, after which Steam dropped its arbitration clause, prompting users to accept a new subscriber agreement last month...

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NEWS
Ireland: Defamation (Amendment) Bill 2024—Key reforms on juries, corporate serious harm, retailer and absolute privilege, live broadcast defence, anti-SLAPP, ADR, and ISP/social media liability

On 2 August 2024, Ireland’s Government released the Defamation (Amendment) Bill (the ‘Bill’). It stems from recommendations set out in the 2022 Report of the Review of the Defamation Act 2009 and the 2023 Draft General Scheme of the Defamation (Amendment) Bill (the ‘General Scheme’). Although the Bill does not carry across every reform proposed in the General Scheme—for instance measures on the statute of limitations and jurisdictional forum shopping—it is anticipated that a number of meaningful updates will be made to the current defamation regime. The most notable of these are summarised below. Removal of Juries in High Court Defamation Actions The Bill would abolish juries in High Court defamation proceedings. The objective is to: minimise the risk of excessive damages being awarded to plaintiffs reduce delays and legal costs in proceedings shorten the duration of court hearings...

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NEWS
UK and EU financial services weekly: FCA Consumer Duty updates, ARs reform, crisis MoU, AML reforms, failure to prevent fraud offence, PSR transition, BoE multi‑money vision (4 Sept 2025)

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Banks and mutuals Investment funds and asset management FSMA regulated pensions activity Payment services and systems Fintech and cryptoassets LexTalk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies What to note from FCA, government financial growth proposals — Law360, Expert analysis: On 10 July 2025, the Financial Conduct Authority (FCA) released its Secondary International Competitiveness and Growth Objective (SICGO) Report 2024/25, charting how growth and competitiveness are being woven into its regulatory approach. Charlotte Rendle, senior knowledge lawyer, Matt Handfield, consultant, and Rosie MacArthur, managing associate, at Simmons & Simmons LLP distil...

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View the related Practice Notes about Forum shopping

PRACTICE NOTES
2022 appeal round-up and tracker: key civil litigation decisions and forthcoming Supreme Court cases (England and Wales)

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

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PRACTICE NOTES
EU IP jurisdiction and forum shopping: Brussels I (recast), EUTMs, EU designs, copyright, patents, the UPC and Hague Conventions

Practice Note This Practice Note sets out the method to be adopted in practice when deciding whether the EU courts have jurisdiction to adjudicate an IP dispute, with principal reference to the scheme contained in Regulation (EU) 1215/2012 (Brussels I (recast)). It carefully examines the overall position across disputes about IP rights and then describes specific, practical questions for patents, trade marks, copyright and design rights, including the dedicated regimes for EU trade marks (EUTMs) in Regulation (EU) 2017/1001 and for EU designs in Regulation (EC) 6/2002 (as amended by Regulation (EU) 2024/2822). IP rights are secured on a national or regional territorial basis; however, the character of the subject matter (eg inventions, written works, etc) enables virtually immediate cross-border transmission, particularly in today’s modern digital age. Working out whether a given court has jurisdiction is, accordingly, a potentially intricate and often fact-sensitive issue. This Practice Note also outlines the strategic considerations that parties ought to evaluate when contemplating commencing proceedings. For more information on court jurisdiction and IP...

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PRACTICE NOTES
Gategroup Guarantee: English Part 26A plan with COMI relocation and co-obligor good forum shopping; Lugano inapplicable; plan sanctioned and recognised in Switzerland and Luxembourg

Gategroup Guarantee Limited sought approval for a Part 26A restructuring plan (RP), with the convening hearing in February 2021 and the sanction hearing in March 2021. The headline points are outlined below; unless stated otherwise, capitalised expressions have the meanings given in the convening and sanction judgments. This Deal Debrief forms part of our Restructuring plans collection. For an in‑depth review of key metrics from RPs submitted in 2023, together with insights from leading figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]. Name of plan company gategroup Guarantee Limited (the Company) Industry sector Food catering Place of debtor’s incorporation and jurisdictional factors The Company is incorporated in England and Wales. Although the Issuer was incorporated in Luxembourg, its centre of main interests (COMI) had been moved to England...

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